The Study On The Identification Of The Fact Labor Relations In The Gua Kao Operation Of Freight Vehicles

The study on the identification of the fact labor relations in the Gua Kao operation of freight vehicles is a controversial issue in judicial practice.In the current legislative framework of the labor field,the establishment of factual labor relations is a pre-procedure for the identification of work-related injuries.However,as civil and administrative judgments have opposite opinions on this point,the referees have mixed results and the phenomenon of non-identical trials is widespread damage to the authority of the judiciary.Comparing civil and administrative laws to the factual identification of labor relations of freight vehicles,we can see that the two have very different utilitarian meanings except that the compulsory provisions constitute the factual labor relations and neglect the factual labor relations Factors that should be considered(or components),this avoidance of the light solution can not properly solve the problem.By referring to the cases occurred in life,the author explores the elements of the affirmation of labor relations in the affiliation of freight vehicles.This article mainly discusses the problem from four angles:The first part: Introduction.This part illustrates the origin of the study,the purpose and meaning of the writing,briefly summarizes the relevant research conclusions about the factual labor relations both at home and abroad,and makes a comparison and research on the basis of the relevant academic theories and practical examples.In the second part,the article lists a real case of labor arbitration,first instance and second instance commutation.It summarizes the focus of case disputes between the drivers who are hired by the hirers and the affiliated units.Combining with the specific background of freight vehicles,Summarized the characteristics of freight vehicles linked.At the same time,it sums up three different views of judicial practice in solving this problem: affirming factual labor relations,denying factual labor relations and fictionalization.The third part is the theoretical analysis of the fact part of the labor relations of freight vehicles affiliated to the previous part,clarifies the elements of factual labor relations of the freight vehicles,and analyzes the relevant cases comprehensively from the illegality factor,the dependent factor and the desirable factor.Such cases should be considered referee ideas.The fourth part: In view of the fact that the relevant laws and regulations of factual labor relation affirmed in cargo vehicles are of lower order,the contradictions between laws and regulations are contradictory,the law is too utilitarian and the subjects of labor relations are not clear.At last,the article gives us some suggestions.